'Constitution isn't a suggestion': Trump adviser mocked following 'judicial tyranny' claim

29 May

President Donald Trump in the White House Rose Garden on May 1, 2025 (Official White House Photo by Molly Rile/Flickr)

President Donald Trump's tariffs suffered a setback when, on Wednesday, May 28, the U.S. Court of International Trade in Manhattan blocked most of the tariffs that he is imposing on the United States' trading partners — saying that the U.S. Constitution gives Congress the power to regulate trade.

A three-judge panel wrote, "The court does not pass upon the wisdom or likely effectiveness of the President's use of tariffs as leverage. That use is impermissible not because it is unwise or ineffective, but because (federal law) does not allow it."

The U.S. Court of International Trade's ruling, however, isn't necessarily the federal courts' last word on Trump's tariffs. The Trump Administration is appealing the decision, and the matter may ultimately go all the way to the U.S. Supreme Court.

White House adviser Stephen Miller is furious over the decision. In a May 29 post on X, formerly Twitter, Miller posted, "We are living under a judicial tyranny." And that tweet is receiving plenty of criticism and mockery on X.

Democratic activist Timothy Bellman tweeted, "No. Trump tried to act unlawfully, the courts stopped him. Trump doesn’t get to be a king just because you want that."

Bellman also posted, "Congress has the authority to impose tariffs, not the president."

Reason's Billy Binion, a libertarian, wrote, "No, Stephen. We are living under a system that checks executive power — because we do not live in a monarchy. It's exactly what the Founders designed (which Republicans used to care about). It's beautiful, really."

The three judges on Court of International Trade panels were Gary S. Katzmann, Timothy M. Reif and Jane A. Restani. And X user Grok noted that two of them were appointed by Republican presidents: Trump appointee Reid and Ronald Reagan appointee Restani. Katzmann was appointed by former President Barack Obama.

Another X user, Mike Young, tweeted, "Oh, how swiftly we brand as 'tyranny' that which dares to uphold the law over whim! These judges — Katzmann, Reif, and Restani, whose collective résumés in trade law could fill a library — had the audacity to remind us that the Constitution isn’t a suggestion, even for a president with a tariff itch to scratch. If this be tyranny, then I suppose every teacher who insists on homework is a despot, every doctor who prescribes medicine a tyrant. Their ruling isn’t a power grab; it’s a love letter to the checks and balances that keep us free."

Ozan Karakoc told Miller, "When judges rule in ways that don’t serve your interests, that’s not tyranny, it’s the rule of law. Law is above everyone, including the president."

Film producer Mark Haynes tweeted, "You would probably feel differently if your administration wasn't constantly breaking the law."

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